Montoya v. Burton

Full title: SHANE MONTOYA and RAMONA OLDMAN, Plaintiffs, v. The HON. MICHAEL BURTON…

Court: United States District Court, D. Utah, Central Division

Date published: Jul 14, 2004

Civil No. 2:04-CV-00424 PGC (D. Utah Jul. 14, 2004)

Opinion

Civil No. 2:04-CV-00424 PGC.

July 14, 2004

BRIAN M. BARNARD, UTAH LEGAL CLINIC, Salt Lake City, Utah, Attorneys for Plaintiffs.

PLAINTIFFS' MOTION TO DISMISS

PAUL CASSELL, District Judge

NAMED PLAINTIFFS, RAMONA OLDMAN and SHANE MONTOYA, by and through counsel, BRIAN M. BARNARD of the Utah Legal Clinic, move this Court to dismiss the above captioned matter without prejudice on the grounds and for the reasons that plaintiffs plan to re-file this action in state court and thus resolve certain procedural or jurisprudential concerns raised by the defendants, e.g., 11^th Amendment, comity, abstention, etc.

WHEREFORE this case should be dismissed without prejudice.

SO ORDERED